WorkCover Authority of NSW (Inspector Glassington) v Graffica Pty Ltd

Graffica Pty Ltd was prosecuted by the WorkCover Authority of New South Wales, through Inspector Glassington, in relation to an alleged contravention of a statutory duty under the Occupational Health and Safety Act 2000. The dispute centred on the company's failure to provide a safe working environment for its employees. The case was heard in the Parramatta Local Court by Magistrate King. The primary legal issue before the court was whether Graffica Pty Ltd had breached its statutory duty to ensure a safe workplace, specifically in relation to the provision of a safe system of work and the maintenance of safe plant and structures. The court also needed to determine the appropriate penalty for the breach.

The court found that Graffica Pty Ltd had indeed contravened the statutory duty by failing to ensure that employees were provided with a safe system of work and that plant and structures were maintained safely. The court noted that the breaches were serious and had the potential to cause significant harm. The company's lack of proper risk assessments and inadequate safety measures contributed to the unsafe conditions. The court considered the seriousness of the breaches, the company's history of compliance, and the impact on employees in determining the penalty. Ultimately, the court imposed a fine of $50,000, ordered that half of this amount be paid to WorkCover, and awarded costs of $22,000 to WorkCover.